Annex X: Copy of the CITYNET Charter
THE CHARTER
OF
THE REGIONAL NETWORK OF LOCAL AUTHORITIES FOR
THE MANAGEMENT OF HUMAN SETTLEMENTS
PREAMBLE
WHEREAS rapid urbanisation and increasing population in the region of Asia and the Pacific has significantly contributed to the deterioration of living conditions in urban areas;
WHEREAS there is an urgent need in many cities in the region to cope with this trend through effective management of human settlements;
WHEREAS cities in the region of Asia and the Pacific, despite the scarcity of technical expertise and financial resources, share a common conviction that all citizens should enjoy a quality of life to be sustained by the fulfilment of basic human needs;
WHEREAS the cities have also demonstrated viable experience in urban management, which holds promise of being shared by other cities;
WHEREAS the Regional Congress of Local Authorities for Development of Human Settlements in Asia and the Pacific held at the City of Yokohama, Japan, in 1982, under the sponsorship of the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), the United Nations Centre for Human Settlements (Habitat) and the City of Yokohama, stressed the need to enhance co-operation and effective linking of local authorities for the development of human settlements and to promote consultation between them and non-governmental organisations;
WHEREAS the participants in the Second Congress of Local Authorities for Development of Human Settlements in Asia and the Pacific held at the City of Nagoya, Japan, organised jointly by ESCAP and the City of Nagoya agreed, through the Nagoya Declaration adopted on 27 July 1987, to the establishment of the Regional Network of Local Authorities for the Management of Human Settlements;
WHEREAS the Economic and Social Commission for Asia and the Pacific at its forty-fourth session held at Jakarta, Indonesia, in 1988, endorsed the Nagoya Declaration, and since then the initial activities under the above Network have already been successfully executed by ESCAP with financial support from the United Nations Development Programme (UNDP) and based on initiatives and contributions of the initial participating bodies of the Network;
RECOGNISING the promotional role of ESCAP in the establishment of the above Network and thus wishing to maintain its close linkage with ESCAP to ensure effective implementation of activities and enhance its international status;
NOW THEREFORE WE, representatives of city authorities, non-governmental organisations, institutes and agencies, in order to formalise the establishment and membership of the Network of Local Authorities for the Management of Human Settlements in Asia and the Pacific, do hereby ordain this Charter, on this second day of November 1989 in the City of Shanghai, People’s Republic of China.
ARTICLE I
NAME, LOCATION, OBJECTIVES AND FUNCTIONS
Section 1: Name
This entity shall be named the Regional Network of Local Authorities for the Management of Human Settlements (hereinafter referred to as “the Network”).
Section 2: Acronym
The acronym of the Network shall be CITYNET.
Section 3: Status
The Network shall be a non-profit-making international association.
Section 4: Seat of office
The General Council of the Network shall decide the location of the seat of the Network in a city of one of its members.
Section 5: Objectives
The general objectives of the Network shall be:
(a)To enhance mutual understanding and establish technical co-operation in the region of Asia and the Pacific, between and among member cities, including relevant non-governmental organisations, institutions and agencies;
(b)To strengthen the institutional and technical capabilities of the member cities as well as non-governmental organisations in the region in the effective management of human settlements.
Section 6: Functions
Towards the attainment of its objectives, the Network shall, as its major function:
a)Promote technical co-operation among developing countries between Network members, for the exchange of experience and information in the field of human settlements development and management.
b)Promote technical co-operation among Network members in developed countries and those in developing and developed countries in the region in the field of human settlements development and management. The term “developing countries” in the region of Asia and the Pacific does not include Australia, Japan or New Zealand.
Section 7: Activities
In order to perform the above functions, the Network shall organise programmes of technical advisory services, training, study tours, research studies, preparation and dissemination of documentation on development experience and information exchange in the field of human settlements development and management, to be participated in by network members; it shall also develop and maintain a regional databank and issue a newsletter.
The Network may also organise any other activities as may be deemed necessary from time to time, for the purpose of attaining its objectives.
ARTICLE II
DEFINITION OF CITY AND THE REGION
Section 1: The city
The term “city” shall mean and include any urban local authority.
Section 2: The region of Asia and the Pacific
In this Charter, the term “the region of Asia and the Pacific” shall be understood to mean and to include all the countries and territories situated in the region of Asia and the Pacific which are, or may from time to time become, members or associate members of ESCAP.
ARTICLE III
ORGANISATION
Section 1: Organisation
For the administration of the Network, there shall be a General Council, an Executive Committee, a Secretary-General, and such regional centres and ad hoc committees as may be established by the Network for the purpose of attaining its objectives. The Network may establish any number of committees, including an Election Committee for purpose of attaining its objectives. The Election Committee shall be responsible for conducting the election of all posts and office bearers of the Network obtaining in the Charter of the Network.
Section 2: Juridical personality
The Network shall be registered in the countries of its members as a juridical person in accordance with the applicable laws of the country concerned.
ARTICLE IV
MEMBERSHIP
Section 1: Composition
The Network shall be composed of full members, associate members, individual members and corporate members. Full members shall be composed of city authorities in the region of Asia and the Pacific. Associate members shall consist of relevant non-governmental organisations, institutions, agencies, individuals and corporations from within and outside the region. City authorities from outside the region of Asia and the Pacific may also become associate members. An associate member shall not have a vote at the meetings of the General Council, except in electing the members of the Executive Committee. Individual and corporate members shall not have a vote at the meetings of the General Council nor be eligible to hold any position or office created by the Charter.
Section 2: Eligibility
Any city authorities, non-governmental organisations, institutions, agencies, individuals and corporations whose goals and activities promote the objectives of the Network shall be eligible for Network membership and for membership of the Executive Committee with the exception of individual and corporate members who shall not be eligible to hold any position or office created by the Charter.
Section 3: Admission
Admission to full, associate, individual and corporate membership shall be decided on by the Executive Committee. Application for admission shall be addressed to the Secretary-General by a duly accredited representative of the body seeking membership. The membership shall become effective on the date of its approval. A candidate who is not accepted as a member shall have the right of appeal to the General Council which shall take a decision at its next meeting and whose decision shall be final.
Section 4: Accredited representatives
The city mayors or its equivalent and the heads of non-governmental organisations, agencies and institutions shall be the duly accredited representatives to the Network. The duly accredited representatives may designate their representatives to attend meetings on their behalf. Duly accredited representatives may also designate a focal point or contact person to whom Network matters can be delegated for appropriate action.
Section 5: Honorary membership
The General Council may confer honorary membership upon individuals who have made distinguished contributions to the Network or to the promotion of human settlements management at local level in the region.
ARTICLE V
GENERAL COUNCIL
Section 1: Composition
The General Council shall be constituted by the gathering of full and associate members as defined in article IV, section 1 hereof.
Section 2: General Council meeting
The General Council shall be convened by the President to meet once in every four years at an appropriate place and date to be determined or fixed by the Executive Committee. All such meetings shall be convened and termed as the Congress of the Network of Local Authorities for the Management of Human Settlements. It may also meet in extraordinary session upon convocation by the Executive Committee or upon the specific request of one half of the members of the Network.
Section 3: General Council President
The General Council shall, at each regular session, elect a President and a first and a second Vice-Presidents. They shall hold office until the next regular session of the General Council. The President or, in his/her absence, the First Vice-President shall preside at meetings of the General Council. If both are absent, the Second Vice-President shall preside.
Section 4: Powers of the General Council
The General Council shall establish the policies of the Network. It shall review and appraise the activities of the Network and extent of the financial resources available to the Network. It shall approve medium-term plans of work on a quadrennial basis for the Network and evaluate the implementation of such plans. It shall elect the members of the Executive Committee, the Secretary-General, the Auditor and Election Committee for conducting elections for all posts and office bearers of the Network obtaining the Charter of the Network.
Section 5: Resolving questions and quorum
Subject to article VIII, section 2, decisions of the General Council shall be made by consensus or, where this is not possible, by a majority of the full members present and voting. Full members are entitled to one vote each. A quorum for the General Council shall be one third of its total membership, provided this one third includes at least half of its full members.
ARTICLE VI
THE EXECUTIVE COMMITTEE
Section 1: Composition
The Executive Committee shall be composed of the President of the General Council, the two Vice Presidents, and nine other members, of which not less than five shall be full members and the others may be associate members, as defined in article IV, section 1 hereof. The Executive Committee shall, notwithstanding section 5 of this article, include as a member a representative of the host city authority providing host facilities to the Secretariat of the Network. The host city authority shall, as a member of the committee, hold the same rights and privileges as the other members of the committee. In electing members of the Executive Committee, a wide geographic representation shall be sought.
Section 2: Single representation
Each member of the Executive Committee shall have only one representative.
Section 3: Chairman and Vice-Chairman
The Executive Committee is chaired by the President. The Executive Committee shall elect from its own members a Vice-Chairman who shall assist the Chairman and shall act in the absence of the latter during committee meetings or in the conduct of Committee business.
Section 4: Term of Office
Subject to the provision of section 5 of this article, a member of the Executive Committee shall hold office for a period of four years. If during their terms of office any members of the Executive Committee cease to be the accredited representatives of their respective authorities or organisations, they shall cease to be members of the Executive Committee. In that case, the Executive Committee may co-opt a substitute member nominated by the same authority or organisation who shall hold office for the remainder of the term of office of his/her predecessor.
Section 5: Election
Members of the Executive Committee shall be elected by the General Council for a term of four years and are eligible for re-election.
Section 6: Powers and functions
The Executive Committee shall be responsible for the execution of policies established by the General Council. It shall formulate biennial programmes of work for the Network in accordance with medium-term plans adopted by the General Council. It shall raise funds required for the operation of the Network. It may also take such action and measures as are deemed appropriate in the interests of the Network.
Section 7: Meetings
The President, in his/her capacity as chairman of the Executive Committee, shall convene meetings of the Executive Committee. The Executive Committee shall meet at least once in two years at any city as may be convenient. Decisions of the Executive Committee shall be taken by a vote of the majority of its members present.
Section 8: Advisers
The Executive Committee may appoint individual experts as its technical advisers and may invite them to attend its meetings.
ARTICLE VII
THE SECRETARIAT
Section 1: Composition
The Network Secretariat shall be headed by a Secretary-General who may be assisted by an Assistant Secretary-General and secretariat staff.
Section 2: Election, Term and Conditions of Service
The Secretary-General shall be elected by the General Council for a term of four (4) years or for a term not exceeding four years as the General Council may deem fit. The procedure for the election of the candidates to the position of Secretary-General shall be established by the Executive Committee, at least one (1) year prior to the meeting of the General Council. The terms and conditions of service governing all Secretariat staff, including the Secretary-General, shall also be established by the Executive Committee. The Secretary-General shall appoint and dismiss Secretariat staff subject to ratification by the Executive Committee.
Section 3: Responsibilities
The Secretary-General shall be responsible to the Executive Committee and the General Council for:
a)Administration of the activities of the Secretariat;
b)Execution of decisions and instructions of the General Council and Executive Committee;
c)Co-ordination of any standing committees;
d)Preparation for and servicing meetings of the General Council and Executive Committee;
e)Communications concerning the activities of the Network;
f)Submission of an annual report on the activities of the Network to the Executive Committee at year end;
g)Preparation of medium-term plans and biennial programmes of work.
Section 4: Other duties
The Secretary-General shall also act as Treasurer of the Network and shall, in this capacity, be responsible to the Executive Committee for:
a)Maintaining financial accounts for annual audit. For this purpose, the Executive Committee may authorise the
b)Secretary-General to engage the services of an independent firm to audit and to certify the financial statement of the Network, notwithstanding the provisions of article IX, section 6 of this Charter.
c)Submitting an annual statement of account;
d)Submitting to its biennial meeting financial estimates for the forthcoming two-year period.
ARTICLE VIII
WITHDRAWAL, SUSPENSION and TERMINATION
Section 1: Withdrawal
Any member may withdraw its membership from the Network by sending to the Secretary-General notification of withdrawal by its accredited representative, upon the settlement of any outstanding financial obligations. The notification should reach the Secretary-General before 30 June, to be valid for the following year.
Section 2: Suspension
Any member whose conduct proves incompatible with the objectives of the Network may have its membership suspended. Each suspension shall be decided by a simple majority of the votes cast in the Executive Committee Meeting. A suspended member has the right of appeal to the General Council and the decision shall be made by a two-thirds majority of the votes cast.
SECTION 3: TERMINATION
1)A member whose membership is suspended for a period of one year or more under the provision of Section 2
hereof shall ipso facto cease to be a member of the Network unless such suspension is earlier revoked by the Executive Committee.
2) A member whose conduct proves incompatible with the objectives of the Network shall notwithstanding Section 3 (1) be liable to termination of membership. Such termination shall be decided by a simple majority of the votes cast in the Executive Committee Meeting. A terminated member has the right of appeal to the General Council and any decision allowing such appeal shall be made by a two-third majority of the votes cast.
ARTICLE IX
RESOURCES OF THE NETWORK
Section 1 : Financial resources
The financial resources of the Network shall comprise:
a)The membership fees of the full members;
b)The subscriptions of the associate members;
c)The admission fees and subscriptions of Individual and Corporate members;
d)Voluntary contributions of the members;
e)Funds received from Governments of States, from international and national organisations, and from approved private institutions and organisations;
f)Income from activities such as the sale of publications, and contracts.
Section 2: Other resources
The Network may also receive contributions of a non-financial nature.
Section 3: Membership fees
The membership fees of the full members shall be determined by the General Council, with due regard to the financial capability of the members. Such fees shall be payable at the beginning of each fiscal year in currencies to be determined by the Executive Committee.
Provided that the Executive Committee may at its sole discretion remit, reduce and or commute either for any period of time or otherwise the annual fee payable by any member for purposes of alleviating economic and financial hardship to any member or members for the purpose of rectifying any anomaly.